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The Childcare (Supply and Disclosure of Information) (England) Regulations 2007

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The Childcare (Supply and Disclosure of Information) (England) Regulations 2007 EXPLANATORY MEMORANDUM TO THE CHILDCARE (SUPPLY AND DISCLOSURE OF INFORMATION) (ENGLAND) REGULATIONS 2007 2007 No. 722 1. This explanatory memorandum has been prepared by The Department for Education and Skills and is laid before Parliament by Command of Her Majesty. 2. Description 2.1 This statutory instrument is made under the Childcare Act 2006 (“the 2006 Act”) and makes provision concerning the disclosure by Her Majesty’s Chief Inspector for Education, Children’s Services and Skills of information in relation to childcare providers registering on the voluntary part (Part B) of the General Childcare Register (also known as the Ofsted Childcare Register, or OCR), from April 2007. 3. Matters of special interest to the Joint Committee on Statutory Instruments 3.1 None 4. Legislative Background 4.1 This instrument is one of a series of instruments to be laid to implement the 2006 Act. Also in this first phase of implementation, and related to these Regulations, are the Childcare (Voluntary Registration) Regulations 2007, the Childcare (Disqualification) Regulations 2007 and the Childcare (Provision of Information) (England) Regulations 2007. Full implementation is expected to be completed by September 2008. 4.2 Under the Children Act 1989, Her Majesty’s Chief Inspector for Education, Children’s Services and Skills has the function of regulating the provision of day care and child minding for children under the age of eight in England. The Child Minding and Day Care (Disclosure Functions) (England) Regulations 2004 made under section 79N(5) of the same Act give the Chief Inspector the additional function, in prescribed circumstances, of disclosing certain information gathered while regulating such childcare to parents, the police and various organisations concerned with the provision of care for children or with protecting children. 4.3 Regulation 8 of the above regulations also provides for disclosure of information to other government departments and to local authorities carrying out statutory functions other than as “childcare organisations”. 4.4 The Childcare (Supply and Disclosure of Information) (England) Regulations 2007 made under sections 83(1) and (2), 84(1) and (3) and 104(2) of the Childcare Act 2006, require the Chief Inspector to carry out a similar function of disclosure of information in respect of childcare providers registering on the voluntary part of the Ofsted Childcare Register from April 2007. 5. Territorial Extent and Application 5.1 This instrument applies to England. 6. European Convention on Human Rights 6.1 As the instrument is subject to negative resolution procedure and does not amend primary legislation, no statement is required. 7. Policy background 7.1 The Government, through the Childcare Act 2006, is reforming the regulation and inspection regime for childcare. Her Majesty’s Chief Inspector for Education, Children’s Services and Skills will administer two registers: the Early Years Register (EYR) for provision for children up to the age of five, and the Ofsted Childcare Register which is divided into two Parts. Part A (compulsory registration) relates to childcare for children aged five to seven and Part B (voluntary registration) relates to childcare that is not required to be registered by Ofsted. 7.2 Providers of childcare that is not currently registered by the Chief Inspector (including activity based provision, care provided in a child's own home and care or supervised activities for children of eight and over) will be able to join the voluntary part (Part B) of the Ofsted Childcare Register from April 2007. Providers of childcare for children from birth to seven that is currently registered by the Chief Inspector will be able to be registered on the Early Years Register or the compulsory part (Part A) of the Ofsted Childcare Register (compulsory registration for five to seven year olds) from September 2008. The present compulsory registration arrangements for birth to sevens childcare will continue until the Early Years Register and the compulsory part (Part A) of the Ofsted Childcare Register are in operation in September 2008. 7.3 The Children Act 1989 requires Ofsted to give information to local authorities to enable them to fulfill their duty to establish and maintain a service providing information, advice and assistance to parents seeking childcare. Ofsted is also required to provide information to Her Majesty’s Revenue and Customs (HMRC) to assist them in administering the tax credits scheme and to various organisations where the safety of children is at risk. 7.4 In respect of childcare providers currently registered with Ofsted, these arrangements will continue until September 2008, when the new compulsory registers are introduced. 7.5 The purpose of the new disclosure regulations is to ensure that local authorities, Her Majesty’s Revenue and Customs, various other organisations concerned with the safety of children, and parents will have, in addition to the information already being supplied by Ofsted, similar information about childcare providers joining the voluntary part (Part B) of the Ofsted Childcare Register. This will enable them to fulfill their duties in respect of all childcare providers registered by Ofsted from April 2007. Consultation 7.6 Proposals for the new disclosure arrangements formed part of the public consultation on the Ofsted Childcare Register. Responses to that consultation are presented in the attached Regulatory Impact Assessment. Publicity / guidance 7.7 The Chief Inspector will produce material to support providers in registering on the Ofsted Childcare Register and parents, local authorities, schools and others in understanding its requirements. 8. Impact 8.1 A Regulatory Impact Assessment covering the Ofsted Childcare Register is attached to this memorandum. 8.2 The Ofsted Childcare Register will support local authorities in carrying out their duty to secure sufficient childcare as authorities will be able to identify providers that have demonstrated the suitability of the childcare they offer. Schools will also use registration on the Ofsted Childcare Register as a means of identifying provision that is suitable to deliver childcare as part of their extended schools offer. Providers registered on the Ofsted Childcare Register will benefit from parents’ understanding that essential standards have been met. 9. Contact Jonathan Robinson at the Department for Education and Skills Tel: 0207 273 4744 or e- mail: [email protected] can answer any queries regarding the instrument. Department for Education and Skills Regulatory Impact Assessment for the Voluntary Part of the Ofsted Childcare Register1 1 This document should read in conjunction with the Regulatory Impact Assessment for the Childcare Bill which was first published in July 2005 and can be downloaded at www.surestart.gov.uk Executive Summary 1. This RIA covers three sets of regulations which together form the voluntary part of the Ofsted Childcare Register (OCR): • The Childcare (Voluntary Registration) Regulations 2007 • The Childcare (Disqualification) Regulations 2007 • The Childcare (Supply and Disclosure of Information)(England) Regulations 2007 2. The Childcare Act 2006 requires Ofsted to operate two registers: the Early Years Register (EYR), for care for children up to the age of five, and the OCR. The OCR will have two parts: the compulsory part, for childcare for five to seven year olds; and the voluntary part, for care for children of any age that is not required to be registered by Ofsted. The registration regulations set out the detailed provision about the information that providers will need to provide and continue to meet for registration. 3. The disclosure regulations allow Ofsted to pass information on registered providers to local authorities, HMRC and other organisations. The disqualification regulations set out the categories of persons who are disqualified from registering as childcarers. The disclosure and disqualification regulations apply the same provision as is currently applied to care registered by Ofsted under the Children’s Act 1989 to care that will be registered under the Childcare Act 2006. They are vital to safeguarding children. 4. These arrangements were consulted on during 2005 as part of the consultation on the Childcare Act 2006. They were also consulted on in summer 2006 through the consultation on the OCR. 5. Care that is not required to be registered by Ofsted is care provided in the child’s own home, activity based care and care for children aged eight and over. Estimates suggest that there are around 100,000 individuals and 50,000 group carers who would be able to be registered on the voluntary part of the OCR. The sector largely consists of small voluntary and private sector providers. 6. The three options considered are outlined below with costs and benefits: Option 1 - maintain the status quo where such care cannot be registered by Ofsted. Care provided in the child’s own home and childminders caring for children aged eight and over can be approved on the Childcare Approval Scheme. Care for children aged eight and over can be approved by accredited quality assurance schemes. Benefits - There are no clear benefits to maintaining this system. Costs - There would still be confusion among parents and providers about registration and approval. Parents’ choice would be restricted. Nannies and childminders for children over eight could be approved on the CAS at a cost of £99 per annum. Assuming similar numbers as at present continue to be approved (around 4000) the cost for one year would be £369,000 Option 2 - allow such providers to register with Ofsted voluntarily, where it is appropriate to that provision, and operate a proportionate system of inspections. Benefits - This system would allow a wide range of provision into the regulatory sphere. However, as it’s voluntary, where registration would not be appropriate providers does not have to be registered. This would widen parental choice without putting an unnecessary burden on providers. Costs – There would be an annual registration fee of £136 for Individual providers and £146 for group providers.
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